SARVESH NAIK v. ANTONIO FLORENCIO DO ROSARIO AND ANR
CRMA/224/2026 · 2026-09-21
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9605 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9605 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sarvesh Naik Vs. Antonio Florencio Do Rosario & Anr. __________________________________________________ 1 CRIR 188, 189, 190, 191 & 192 of 2026
Sept. 21, 2026
Esha IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL REVISION APPLICATION NOS. 188, 189, 190, 191 & 192 OF 2026 WITH CRIMINAL MISC. APPLICATION NOS. 224 OF 2026 IN CRIMINAL REVISION APPLICATION NO. 188 OF 2026 WITH CRIMINAL MISC. APPLICATION NOS. 225 OF 2026 IN CRIMINAL REVISION APPLICATION NO. 189 OF 2026 WITH CRIMINAL MISC. APPLICATION NOS. 226 OF 2026 IN CRIMINAL REVISION APPLICATION NO. 190 OF 2026 WITH CRIMINAL MISC. APPLICATION NOS. 227 OF 2026 IN CRIMINAL REVISION APPLICATION NO. 191 OF 2026 WITH CRIMINAL MISC. APPLICATION NOS. 228 OF 2026 IN CRIMINAL REVISION APPLICATION NO. 192 OF 2026
SARVESH NAIK … APPLICANT
~ VERSUS ~
ANTONIO FLORENCIO DO ROSARIO & ANOTHER … RESPONDENTS
2026:BHC-GOA:1871
Sarvesh Naik Vs. Antonio Florencio Do Rosario & Anr. __________________________________________________ 1 CRIR 188, 189, 190, 191 & 192 of 2026
Sept. 21, 2026
APPEARANCES:
for the Applicant Mr. Jaiwant Velip
CORAM : AMIT S. JAMSANDEKAR, J.
DATED : 21st SEPTEMBER 2026 P.C:
1. Heard the learned Counsel for the Applicant. 2. The learned Counsel for the Applicant states that the Applicant has complied with the office objection in respect of payment of Court fees in all these matters. He has furnished a copy of e-challan receipts, which is taken on record. 3. In view thereof, the Registry is directed to waive the office objections and register these Applications. 4. All the aforesaid matters arise between and concern the same parties, arising out of proceedings under Section 138 of the Negotiable Instruments Act, 1881. Since the entire amount of compensation payable in all the aforesaid matters had already been paid to the 1st
Sarvesh Naik Vs. Antonio Florencio Do Rosario & Anr. __________________________________________________ 1 CRIR 188, 189, 190, 191 & 192 of 2026
Sept. 21, 2026
Respondent by the Applicant, the parties amicably settled the disputes. Accordingly, an Application under Section 147 of the Negotiable Instruments Act, 1881, was filed seeking compounding of the offence in all the aforesaid matters. 5. On 16.10.2024, Mr.
Sarmalkar, learned Counsel appearing for the 1st Respondent, submitted that since, the entire amount was received, he has no objection for compounding of the said offence, subject to directions issued by the Apex Court in the case of Damodar Prabhu Vs. Sayed Babalal, reported in (2010)5 SCC 663 for compounding of the offence. This Court, in paragraph 6 of its order dated 16.10.2024, noted that the Applicant had disclosed in his affidavit that, in order to pay the compensation, he had sold his property and would now be in a position to pay an amount equivalent to 15% of the cheque amount, i.e., Rs. 6,82,500/- (Rupees Six Lakhs Eighty-Two Thousand Five Hundred only), by way of installments. Hence, this Court allowed the Applicant to pay the costs of 15% in 23 installments as per the schedule disclosed by the Applicant in paragraph No. 27 of the affidavit and the matters were compounded. This Court clarified that in case, the Applicant commits default of payment of such compounding charges,
Sarvesh Naik Vs. Antonio Florencio Do Rosario & Anr. __________________________________________________ 1 CRIR 188, 189, 190, 191 & 192 of 2026
Sept. 21, 2026
the Application for compounding shall stand dismissed without reference to the Court and the main matter would be taken up for final disposal on its own merits. This Court further clarified that in case of default in paying such installment, the Registry shall place the matter before this Court for the purpose of deciding the matters on merits. 6. In such circumstances, the matters were not disposed of by this Court on 16.10.2024 and were adjourned till the payment of the last installment of compounding charges, which would fall on 15.08.2026. 7. Today, Advocate Jaiwant Velip, appearing for the Applicant, submitted that the Applicant has paid the entire amount towards costs in 23 instalments as per the schedule set out in the order dated 16.10.2024 and as such, nothing further survives in these Applications. 8.
On hearing the learned Counsel for the Applicant and on going through the record and the office endorsements, it clearly appears that the Applicant has paid the entire amount towards costs in favour of Goa State Legal Services Authority in terms of the order dated
16.10.2024. Sarvesh Naik Vs. Antonio Florencio Do Rosario & Anr. __________________________________________________ 1 CRIR 188, 189, 190, 191 & 192 of 2026
Sept. 21, 2026
9. In view thereof, nothing further survives for consideration in these Applications and the Criminal Revision Applications as well as the Criminal Miscellaneous Applications stand disposed of in the above terms. 10. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. [ AMIT S. JAMSANDEKAR, J. ] Signed by: VAIGANKAR ESHA SAINATH Designation: Personal Assistant Date: 22/09/2026 11:00:21